Title 18 — Crimes and Criminal Procedure — § 1349. Attempt and conspiracy
Summary
This page of Title 18 of the United States Code (page 366) prints 18 U.S.C. § 1349, Attempt and conspiracy: any person who attempts or conspires to commit any offense under the chapter is subject to the same penalties as those prescribed for the offense that was the object of the attempt or conspiracy. Section 1349 was added by Pub. L. 107–204, title IX, § 902(a), July 30, 2002, 116 Stat. 805. Alongside it are § 1346, which defines a "scheme or artifice to defraud" to include depriving another of the intangible right of honest services; § 1347, health care fraud, punishable by up to 10 years, or 20 years if the violation results in serious bodily injury; § 1348, securities and commodities fraud; and the start of § 1350 on corporate officers' certification of financial reports.
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§ 1346 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 366
Pub. L. 101–647, § 3542, which directed insertion of a
comma after ‘‘of this title’’, was repealed by Pub. L.
103–322, § 330011(k).
1988—Pub. L. 100–690 inserted ‘‘or of section 287, 371
(insofar as such violation involves a conspiracy to de-
fraud the United States or any agency thereof), or 1001
of this title’’ after ‘‘violation of this chapter,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective Nov. 29, 1990.
§ 1346. Definition of ‘‘scheme or artifice to de-
fraud’’
For the purposes of this chapter, the term
‘‘scheme or artifice to defraud’’ includes a
scheme or artifice to deprive another of the in-
tangible right of honest services.
(Added Pub. L. 100–690, title VII, § 7603(a), Nov.
18, 1988, 102 Stat. 4508.)
§ 1347. Health care fraud
(a) Whoever knowingly and willfully executes,
or attempts to execute, a scheme or artifice—
(1) to defraud any health care benefit pro-
gram; or
(2) to obtain, by means of false or fraudulent
pretenses, representations, or promises, any of
the money or property owned by, or under the
custody or control of, any health care benefit
program,
in connection with the delivery of or payment
for health care benefits, items, or services, shall
be fined under this title or imprisoned not more
than 10 years, or both. If the violation results in
serious bodily injury (as defined in section 1365
of this title), such person shall be fined under
this title or imprisoned not more than 20 years,
or both; and if the violation results in death,
such person shall be fined under this title, or
imprisoned for any term of years or for life, or
both.
(b) With respect to violations of this section,
a person need not have actual knowledge of this
section or specific intent to commit a violation
of this section.
(Added Pub. L. 104–191, title II, § 242(a)(1), Aug.
21, 1996, 110 Stat. 2016; amended Pub. L. 111–148,
title X, § 10606(b), Mar. 23, 2010, 124 Stat. 1008.)
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–148 designated existing provisions as
subsec. (a) and added subsec. (b).
§ 1348. Securities and commodities fraud
Whoever knowingly executes, or attempts to
execute, a scheme or artifice—
(1) to defraud any person in connection with
any commodity for future delivery, or any op-
tion on a commodity for future delivery, or
any security of an issuer with a class of securi-
ties registered under section 12 of the Securi-
ties Exchange Act of 1934 (15 U.S.C. 78l) or that
is required to file reports under section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)); or
(2) to obtain, by means of false or fraudulent
pretenses, representations, or promises, any
money or property in connection with the pur-
chase or sale of any commodity for future de-
livery, or any option on a commodity for fu-
ture delivery, or any security of an issuer with
a class of securities registered under section 12
of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports
under section 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o(d));
shall be fined under this title, or imprisoned not
more than 25 years, or both.
(Added Pub. L. 107–204, title VIII, § 807(a), July
30, 2002, 116 Stat. 804; amended Pub. L. 111–21,
§ 2(e)(1), May 20, 2009, 123 Stat. 1618.)
Editorial Notes
AMENDMENTS
2009—Pub. L. 111–21, § 2(e)(1)(A), inserted ‘‘and com-
modities’’ before ‘‘fraud’’ in section catchline.
Pars. (1), (2). Pub. L. 111–21, § 2(e)(1)(B), (C), inserted
‘‘any commodity for future delivery, or any option on
a commodity for future delivery, or’’ before ‘‘any secu-
rity’’.
§ 1349. Attempt and conspiracy
Any person who attempts or conspires to com-
mit any offense under this chapter shall be sub-
ject to the same penalties as those prescribed
for the offense, the commission of which was the
object of the attempt or conspiracy.
(Added Pub. L. 107–204, title IX, § 902(a), July 30,
2002, 116 Stat. 805.)
§ 1350. Failure of corporate officers to certify fi-
nancial reports
(a) CERTIFICATION OF PERIODIC FINANCIAL RE-
PORTS.—Each periodic report containing finan-
cial statements filed by an issuer with the Secu-
rities Exchange Commission pursuant to section
13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accom-
panied by a written statement by the chief exec-
utive officer and chief financial officer (or equiv-
alent thereof) of the issuer.
(b) CONTENT.—The statement required under
subsection (a) shall certify that the periodic re-
port containing the financial statements fully
complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act pf 1 1934
(15 U.S.C. 78m or 78o(d)) and that information
contained in the periodic report fairly presents,
in all material respects, the financial condition
and results of operations of the issuer.
(c) CRIMINAL PENALTIES.—Whoever—
(1) certifies any statement as set forth in
subsections (a) and (b) of this section knowing
that the periodic report accompanying the
statement does not comport with all the re-
quirements set forth in this section shall be
fined not more than $1,000,000 or imprisoned
not more than 10 years, or both; or
(2) willfully certifies any statement as set
forth in subsections (a) and (b) of this section
knowing that the periodic report accom-
panying the statement does not comport with
1 So in original. Probably should be ‘‘of’’.
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